Posted by
minttea
16 yrs ago
mu DH wants to go home for summer when we go home - if I buy her a return ticket - would I still have to give her a return flight back at the end of the contract? Or can I and DH mutually agree that she won't get a ticket when her contract ends?
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No. You must buy her a ticket to go home at the end of the contract, no way around that.
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aemom
16 yrs ago
According to the employment contract, an employer is responsible to provide the DH with "free passage from his/her place of origin to Hong Kong" at the beginning of the contract and "free return passage to his/her place of origin" at the "termination or expiry" of the contract.
If you did not provide her with one-way passage (or cash equivalent) at the beginning fo her contract, you can do that now by paying one-way (or one-half of a return ticket).
Many employers provide a return ticket before the end of the contract, either as a bonus/gift or as part of what they think is their contractual obligation. There has been some concern expressed on this forum about what to do if the helper does not have enough money at termination/expiry of the contract to pay for her own passage home - then the employer could get stuck with having to pay for another one-way ticket out of HK.
Whatever you decide to do, get it in writing.
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"Many employers provide a return ticket before the end of the contract, either as a bonus/gift or as part of what they think is their contractual obligation. There has been some concern expressed on this forum about what to do if the helper does not have enough money at termination/expiry of the contract to pay for her own passage home - then the employer could get stuck with having to pay for another one-way ticket out of HK."
aemom, I think you need to understand the rules. I have never seen people express concern that the helper does not have enough money at the end of the contract to get home! It is the employers responsibility at the expiry or termination of the contract to get a DH home, end of story. By not doing so you are breaking immigration rules. Even if it is in writing immigration will come down hard, you cannot circumnavigate their rules just because you want to!
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it's not true. I have provided air tickets to our helpers, and my family's helpers the same...... I provided a round trip ticket to the helper BEFORE the contract finished as her end of contract air ticket. At the end of the contract, the helper either renewed, so no problem there. Or if the helper was terminated or completed contract, I didn't have to buy her another ticket as I already PREPAID and GAVE her the ticket that she chose to use ahead of time. We had the agreement written in black and white, and in the termination letter, sent a copy to immigration, with that information included, the immigration says it's fine.
Because ultimately, unless YOU personally bring your helper to the airport and make sure she boards the plane, you have no idea what she does with it, and if she doesn't leave HK, it's not your problem as long as the documents are all signed indicating she has left your household and end of your employment contract with her.
My helper needed to go home because of her mother suddenly died. The ticket was very expensive as it was last minute, there was NO way my helper could have paid for it herself. I had to either LOAN her the money to go home, or pay for her ticket, and I didn't have to pay for another one end of contract.
So instead of loaning her the money, you can do this.
Many employers also give money instead of the air ticket. Often I hear people just giving $ 1200 HKD for the one way, when at the time (say Christmas, or Easter) the DH needs about $ 2000 or more to get home.... but that's not the employer's problem either as long as it's signed black and white and neither party owes anything anymore.
I had a helper who stole thousands of dollars from our household, before I fired her, she went home once with a round ticket that I paid for her because her family emergency she said. Then I made her sign a letter agreeing that it is for end of contract because otherwise, she wouldn't even have the chance to pay me back for the ticket because she was fired 1 month after she came back.
Make sure you get the ticket given in writing. I even kept the receipt from my travel agency, and a copy of the ticket.
at the end of a contract, or if terminated, the helpers have a right to delay their exit out of hk for at least 2 weeks, so if you give her a ticket to leave TOMORROW, and she chooses NOT to, that's the helper's choice. And it's not the employer's responsibility after she leaves your household.
Think about it, a helper takes your ticket, loses it, and calls you that she lost her plane ticket. Do you as the former employer have to pay for another one?
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No you do not, but it doesn't change the fact you must provide either a ticket or the equivalent in cash for the journey back to their home at either expiry or termination of contract. That is simple. If you send a DH back before that time then that's up to you, it doesn't absolve you of your responsibilities. If you do not provide provision for your DH to return and she stays in HK you will be held responsible, end of story. You can't change the laws to suit yourself!
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I didn't change the laws. The point is 1 round trip ticket PER DH contract. That's that. Of course in the contract, it is written clearly what it's meant for, one for coming to HK from country of origin, and one for going back.
Evildeeds, what you are saying is inconsistent. If a helper loses her ticket after an employer gave it to her, then the point is the employer DID give it to her, but the helper has no money to buy another one, so that would be the EMPLOYER'S reponsibility? no it wouldn't. So ultimately, as long as the employer provided the air ticket to the helper, and mutual sides agreed that it was given, there is no problem, even with the immigration.
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cd
16 yrs ago
Sorry disagree momof2. Evildeeds is right. You are obliged to buy one ticket at start of contract from their country of origin, and one at the end of the contract to return to their country of origin. Any flights home during the contract you are not legally required to pay, it is down to the helper, unless you decide to pay it as a gift or bonus.
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Momoftwo, let me make this simple. The reason for employers providing tickets, or the equivalent of cash, at the end of a contract is to make sure the helper gets home after their employment with you has ended. This is why it is stated as such by immigration. Your obligations are to bring her here to start her contract and send her home afterwards, again I will state this is your obligation as an employer and a applicant for a DH visa.
Now should you decide to send the helper back within her contract period that is your choice. However you cannot absolve yourself of your responsibilities by doing that. You must still provide a ticket or the equivalent in cash at the end of the contract. This has got nothing at all to do with a DH losing a ticket (not even a valid argument here). Once you have supplied either a ticket or cash equivalent at the end of the contract the DH should sign to say it has been received. Then your responsibility ends. Whether it's lost after that is a moot point.
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It is NOT the employer's responsibility to guarantee the TIME of departure of the helper. Therefore, your argument is not relevant. The timing of the air ticket is what we are debating about. The helper received ONE round trip ticket for ONE contract. It is NOT the employer's responsibility to ensure physically that the helper LEAVES HK after the contract has ended or terminated.
It is illegal and not fulfilling my obligations as the former employer if I NEVER gave her a ticket. However, it is mutually agreed that the ticket she used 6 months prior her end of contract (for example)... is the end of contract ticket. By the end of the contract, she didn't leave because she renewed her contract with me, and delayed her return to home with immigration.
I have NEVER had problems with immigration, and received approval for her visa, and extension.
So, if it wasn't "legal" or "by the books" immigration would NOT have approved of it.
There is no argument, I have done this too many times, if you insist on giving the ticket at the END of the contract, forcing your helper to leave , take her to the airport yourself and make sure she boards the designated flight at the scheduled time. Suit yourself.
I just don't bother to do what a lot of employers do. They just post date the letter to whatever date the helper leaves.
Think about it, since we can give CASH as air ticket equivalent, that means you NEVER know whether the DH actually leaves HK. And it's really not your concern anymore after she leaves your household.
So, why should giving this "amount" or air ticket earlier be a problem as long as it is mutually agreed upon?
My mom's helper has been with her for 3 contracts, she never went back to the Philippines once. She just exit to Macau or Shenzhen each time. We paid her 2 roundtrip air ticket's worth in CASH equivalent. She asked to have each one 3 months before her contract end because she knew she's not going home.
To OP: remember assuming she's coming back to work for you, someone still needs to pay for the 1 way coming back if you are assuming one way is end of contract because I assume she used her previous employer's air ticket to come to HK before she started with you.
Ultimately, it's between you and your DH, whether you trust her or not, and have everything you give her, or what she owes you in black and white.
Just curious, evildeeds, since you do everything "by the book". How about salary issuing? My helper sometimes ask to have her salary 2 weeks earlier because of certain personal reasons, contract says it's a MONTHLY salary.... would you reject THAT request too ?
ultimately, I believe I like to accomodate whatever can help my helper's needs and requests, without jeopardizing my position as an employer or doing anything hazardous or illegal. If it can help your helper, why not?
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"It is NOT the employer's responsibility to guarantee the TIME of departure of the helper. Therefore, your argument is not relevant."
Read closer, I never said it was. Tickets to get here and go home after contract has finished. Seems you are struggling with this here's the rules from labour department website:
Chapter 10: Free Return Passage and Food and Travelling Allowance
For helper
Q10.1 Is my employer responsible for paying my passage back to my place of
origin upon termination or expiry of the contract?
A Yes. Upon termination or expiry of the contract, your employer should
provide free passage, usually an air ticket covering airport tax for you to return
to your place of origin, and a daily food and travelling allowance.
For employer
Q10.2 What kind of air-ticket should I provide for my helper upon expiry or
termination of contract? Should it be open-date or fixed-date?
A This is not specified in the employment contract. Both parties may agree on
an open-date or fixed-date ticket. However, you may wish to provide an
open-date ticket in case your helper is unable to use a fixed-date ticket due to
unforeseen circumstances.
Q10.3 How many days’ food and travelling allowance is payable to my helper
under the employment contract?
A It depends on the journey time between Hong Kong and your helper’s place of
origin provided that he/she travels by the most direct route. In general, if
your helper is from an Asian country, one to two days’ food and travelling
allowance should suffice.
Now you claim to have breached these rules with the full knowledge of immigration! Possible I'm sure knowing my dealings with that department. However should you go down this route in the future and then have issues with your DH she will have every right to complain and simply will win. Your obligations are just that, obligations.
Salary issuing, well as with all my employees I pay once a month. Should she, or any other employee for that matter, ask me for an advance it would be considered on merit. An employee is an employee. Simple as that, regardless of where they work for me.
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